Asked in Civil Litigation and Libel & Slander for New Jersey

Q: My therapist and I were discussing my ex and he said that it's possible she had a personality disorder and I posted it

I posted what my therapist said about my ex. I didn't mention her name. Can I get sued?

2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Under New Jersey law, defamation suits typically involve making a false statement about someone that harms their reputation. However, in your case, since you didn't mention your ex's name, it significantly reduces the risk of a defamation claim. Anonymity in your post makes it difficult to establish that the statement was about a specific individual.

However, it's important to be cautious. Even without naming names, if the details you provided could lead someone who knows both of you to identify your ex, there might still be a risk, albeit smaller. Additionally, sharing private information from therapy sessions can be a sensitive matter and might raise ethical considerations, even if it doesn't necessarily lead to legal issues.

To be on the safe side, consider the implications of sharing such information publicly. It's often wise to keep therapy discussions private, as they are meant to be a safe space for exploring personal thoughts and feelings. If you have concerns about the potential legal implications of your post, consulting with a lawyer for personalized advice would be prudent.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Clifton, NJ
  • Licensed in New Jersey

A: There is no basis for a lawsuit on the facts that you stated. Good luck.

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